I was a stay at home parent while my ex spouse worked. We got divorced and my ex spouse offered to pay my rent in the same city instead of me going to another city to work. I agreed and we both signed this new lease. Now that I have found employme...
If I read I your question correctly, you and your ex made this agreement post-divorce. If that is the case, then it is a matter of contract law and would not fall under the equitable distribution statute. My answer is predicated on that assumption. If you have a pre-divorce agreement, whether a separation agreement or an ED order, I would need to read that agreement before I could properly answer the question.
First, I need more clarification as to what you are being threatened with because it is unclear to me who "they" are. Has the lease run its course? If the lease is still in operation, and as both of you signed the lease, the landlord can sue either or both of you for failure to pay the rent. It is called joint and several liability. Whether or not you could seek recourse from your ex for any rent you had to pay is a different question. If the lease has ended, and your ex is threatening to sue you to recoup the rent he has paid if you move, he will have to prove why you are obligated to repay him.
If the lease is still in operation, one could argue that if you move you have breached the agreement between you and your ex, i.e. he will pay the rent if you do not move. If you move, he can argue he is no longer obligated to pay the rent. Again, in that case the landlord could sue either or both of you.
If the lease has expired, there is no longer any rent to pay, so one could argue that your agreement is complete and you are free to move. I do not believe you would be obligated to repay any rent, but your ex could certainly sue you and make that argument. I just think that would be a very difficult argument to win.
The bottom line is, it depends. Consult with an attorney in your area to determine exactly what your rights and obligations are at this point. Good luck to you.See question
My husband and I have been separated for a year and a half. He chose to leave the marriage without signing a separation agreement. I live in the marital home with our minor child and pay all the family bills with his paycheck. I've also been a sta...
Ms. Killian provided you with an excellent response. I would just add that you can go to Child Support Enforcement for assistance with child support. CSE will be the most inexpensive method of obtaining the child support your children deserve.See question
Looking for a simple will form I can use that can be used here in US abs overseas. Where can I find a will form?
I will make things simpler for you. As you appear to be in North Carolina, under North Carolina law, holographic wills are legal and enforceable. A holographic will is simply a hand written will. So, find pen and paper and hand write your last will and testament. Simply state what your assets are and who gets them. The entire document must be hand written and signed by you, so be sure to hand write the entire document. Good luck to you.See question
I was not notified of the court proceeding and I have been told I can appeal it how much time do I have from the date the order was made in Cumberland county, NC?
The previous answer is correct. There is generally a thirty-day window in which to file a notice of appeal. However, as the court proceeded with the hearing and an order was entered it is likely that the opposing party achieved proper service on you in some manner, e.g. certified mail, or at least claims to have served you. In my experience, judges will not proceed with a hearing unless there is proof of proper service in the file. Check the court file to see how the opposing party claims you were served. Perhaps there is an issue with service, perhaps not. If you were properly served you can file an appeal, but you will likely lose as you failed to appear for the hearing. If you were not properly served you can try to have the order set aside for lack of service. Good luck to you.See question
I have a one year old son and his father does not want to take him even for a couple of hours later alone spending the night because He is married now, He is not on child support so he feels like legally there is nothing that can tie him to this o...
You are correct to use the word "obligation," as the father is obligated to support his child. You should not delay in filing for child support, which can be done with relative ease through Child Support Enforcement here in Wake County. Good luck to you.See question
I am the father and have been thrown out of my home and cut off from my children. A DVPO was continued for a year and no custody/visitation was ordered at the hearing. There was no physical or verbal abuse found towards the children or mother. How...
I am not sure what drug test you are hoping to expedite unless you plan to file a complaint for child custody. As there was no temporary custody order entered in conjunction with the DVPO I will assume that is what you are after. So, my advice is to hire a family law attorney and file for child custody. Good luck to you.See question
My husband and I are separated due to sexual child abuse charges with our 3 children. The sexual abuse court case has been repeatedly rescheduled for over 2 years due to his lawyer being in court to represent the lieutenant gov of Texas. Our divor...
Go to the courthouse. Doesn't matter which one, pick a county. Here in Wake County you would go to the Clerk of Court's office. Ask one of the nice clerks to check the vital records database to see if your man has in fact been legally married to this woman. If not, there you go. If he has, then if the two of you were and still are legally married, voila! Bigamy.See question
I'm being falsely accused of sending unnecessary messages and calls to a doctor my phone was stolen so someone impersonated me to get me in trouble so I have been discharged as a patient and I would like appeal this matter
There is no one to which to appeal this matter. There is no requirement on the doctor to retain you as a patient, nor is the doctor going to spend the time allowing you to explain, prove, or disprove, what happened. Your best bet is to find a new doctor. Good luck to you.See question
I just found out that my Judge ordered PSS, has made my temp custody final and still have no clue about legal fees. They were all heard on the same day yet child support was not issued, pss was granted after 1 year of me leaving my house with chil...
I agree with the previous answer and would add that if you have a question please ask it. Most attorneys on this site are quite happy to assist, but we must have an actual question. As for PSS, it would seem you are trying to state that your paperwork tells you that it is in place for up to a year or until an order for alimony is entered. That is generally correct. If you are receiving PSS, great. If your issue is child support, please proceed to file for support through child support court. Otherwise, please ask a specific question.See question